Case Information

The named plaintiffs, Anthony and Nicholas Brindle (“Plaintiffs”), filed a class action lawsuit alleging that Defendant acted negligently because it failed to unboot their vehicles within one hour of a request to do so, in violation of Nashville Ordinance. A copy of their Amended Complaint detailing their claims is available here (Counts II and V were dismissed by the Court).

WHO IS IN THE CLASS?

The Court certified the following class:
All persons who had a vehicle in their possession immobilized by Nashville Booting LLC in Nashville for longer than one hour after requesting removal of the immobilization device, from July 20, 2017 until June 17, 2022, but excluding the claims of non-named parties arising before December 1, 2018 (for whom Nashville Booting does not have any records).

WHAT IS THE PROPOSED SETTLEMENT?

The Parties have reached a classwide settlement, which the Court has preliminarily approved. If finally approved by the Court, the class action settlement will resolve all the Class’ claims against Nashville Booting. A full copy of the Settlement Agreement can be accessed here.

Defendant has agreed to consent to a class-wide judgment in the amount of $1,000,000 (the “Judgment Amount”), as well as the Plaintiffs’ litigation costs. In partial satisfaction of this Judgment, Defendant agreed to make a make a payment of $25,000, $10,000 of which will be applied to the Plaintiffs’ litigation costs. Class Counsel has indicated that it will request the remaining $15,000 be distributed as service awards to the lead Plaintiffs ($8,000 to Anthony Ladd and $7,000 to Nicholas Brindle). The Court has not yet ruled on that request. It will address that request at the final approval hearing and will consider any objections to the proposed service awards from class members. The Court may or may not approve the requested service awards at the final hearing.

In connection with the settlement and consent judgment, Class Counsel and the Class have agreed to pursue the remaining balance of the Judgment from Defendant’s insurance policies with its insurer, Liberty Mutual, and not from Defendant’s own assets.

If the class settlement is approved and the consent judgment is entered in favor of the Class, Class Counsel and the Class will pursue a separate class action against Liberty Mutual to collect on the Judgment.

Class Counsel believes that the follow-on litigation to collect on the judgment against Liberty Mutual will be successful and that the structure of this class settlement will maximize the ultimate recovery for the Class, as they detail in their motion for preliminary approval of the class settlement, a copy of which is available here.

However, under the proposed settlement, the Class members will not receive payment unless or until follow-on litigation against Liberty Mutual is successful. If the follow-on litigation against Liberty to collect on the judgment is successful, the court in that action must approve the structure for distribution of that money among Class members.

Class Counsel has requested attorneys’ fees in the amount of one-third of the consent judgment amount for their work in obtaining the judgment for the Class, but will only collect any fee if the Class is successful in follow-on litigation against Liberty Mutual to collect on the consent judgment.

The Court has preliminarily approved this settlement, subject to a fairness hearing that will occur on October 25, 2024 at 9:00 am, in Courtroom 5C of the U.S. federal courthouse for the Middle District of Tennessee, located at 719 Church Street, Nashville, Tennessee. If there are no objections to the class settlement, the hearing will occur telephonically.

WHAT CAN YOU DO NOW? YOU HAVE THREE OPTIONS

1. Do nothing. If you do nothing, you will stay in the Class, be bound by the Judgment entered by the Court. If the Class is able to collect all or part of the Judgment against Defendant’s insurance company, Liberty Mutual, you will receive notice and have an opportunity to recover money from any settlement or judgment against Liberty Mutual.
2. Exclude yourself from the Class, settlement and judgment. You can exclude yourself from the class action and the settlement by filing a written request to be excluded with the Clerk of the U.S. District Court for the Middle District of Tennessee at 719 Church Street, Nashville, Tennessee. That request must be postmarked on or before September 10, 2024, and it must state your name, address, telephone number, the case name and number above, and include a clear statement that you request to be excluded from the Settlement Class and settlement. You must also mail copies of your request for exclusion, postmarked by the same date, to all counsel listed below:

3. Object to the settlement in writing. If you object to the settlement, and wish to file an objection rather than excluding yourself, you must submit your objection in writing to the Clerk for the U.S. District Court for the Middle District of Tennessee at 719 Church Street, Nashville, Tennessee. Your objection must be postmarked by September 10, 2024, and it must be signed under penalties of perjury and identify the following information: (1) your name, address, and telephone number, (2) the date(s) Nashville Booting failed to remove the boot from your vehicle within 1 hour of an unbooting (3) all attorneys who assisted you in preparing or filing the objection, (4) a list of all other class action cases in which you or your attorneys have submitted an objection to a settlement, including case name, court, case number, and how much, if any amount, was paid in connection with the objection, and (5) a statement of the reasons why you contend the Court should find that the proposed settlement, the proposed service awards to the lead Plaintiffs, or the proposed attorney fee award is not fair, reasonable, adequate, and in the best interests of the Class. You must also serve copies of your objection and any supporting memoranda or materials on the attorneys for the Class and the attorneys for Defendant listed in the previous paragraph, postmarked by the same date. If your objection does not comply with these requirements, the Court may strike and disregard your objection. It is not enough to say that you object; you must state the reasons why you believe the Court should reject the settlement. If you file an objection, then you must appear at the final approval hearing before Judge Eli Richardson in Courtroom 5C of the U.S. District Court for the Middle District of Tennessee, at 719 Church Street, Nashville, Tennessee on October 25, 2024, at 9:00 am. You are not required to attend this hearing unless you object to the settlement.

WHO REPRESENTS THE CLASS?

The Court appointed Plaintiffs to be the “Class Representatives” and appointed Mark Hammervold and the law firm of Kotchen and Low, LLP as “Class Counsel.”

HOW DO I ENSURE THAT I GET PAID IF THE CLASS IS SUCCESSFUL IN COLLECTING ON THE JUDGMENT AGAINST LIBERTY MUTUAL?

If you received a text message directing you to this website, Class Counsel already has your phone number and will send you any future notice by text message. You can contact Class Counsel and provide other contact information, such as your physical and email address. Do not contact Defendant or Defendant’s Counsel to provide this information.

If you came across this website and you believe you are a Class member, but did not receive a text message, you should contact Class Counsel, and provide your contact information, to ensure that you receive direct notice in the future, including of any proposed settlement or other distribution of money obtained from successful prosecution of the follow-on litigation against Liberty Mutual. Do not contact Defendant or Defendant’s Counsel to provide this information.